EB-2 Remanded — Unknown (2012): the appeal was rejected as untimely filed, having been

Decision Summary

The appeal was rejected as untimely filed, having been received by the service center 34 days after the decision was issued, which is one day beyond the 33-day deadline. However, per regulations, the Administrative Appeals Office (AAO) returned the matter to the director for consideration as a motion to reopen and reconsider, as an untimely appeal can be treated as such.

Criteria Discussed

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